原文传递
Lessons to take away
| 题名： | Lessons to take away |
| 正文语种： | eng |
| 作者： | JANE ATKINSON |
| 摘要： | The lay-by agreement was negotiated over three emails and was considerably sparse. However, the judgment does not guestion whether details were sufficient to form a legally binding contract or whether the terms were clear enough to be enforceable. Business operatives should be aware of how easy it is to become bound to significant contractual obligations. Bad deals can often be escaped if clear termination rights are included. In this case, the port had not reserved a right to terminate the arrangement. The court considered an argument that the port could only vary the rate by a reasonable amount, but dismissed it and found that the port had freedom to increase the charges as it saw fit, while it did describe the decision made of a thirty-fold increase as "eye-watering". This shows the power and danger of unilateral variation rights. Despite failure to give reasonable notice, the court found the notices effective, despite the expiry of the 28-day reasonable notice period. Other decisions have not been generous - notices can be held to be ineffective if the procedural reguirements are not complied. |
| 出版年： | 2021 |
| 期刊名称： | Ports & harbors |
| 卷： | 66 |
| 期： | 5 |
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